Intellectual property law articles of 2020 by Benny Kong & Tsai — trademark, patent, copyright, design and litigation practice, updated monthly. Subscribe to our newsletter for updates.
(Part1) Litigation manual for intellectual property cases involving an E-commerce platform (Part 1)
Basic principles When trying intellectual property cases involving an E-commerce platform, one shall not only persist in the basic value of strict protection, but also properly manage the relationship between the intellectual property owner, E-commerce platform operator, online store owner and public interest. And thus, a good balance between the interests of different parties can be maintained. Following the principle of “powers commensurate with responsibilities”, online platform owner’s autonomy should be respected and, the limitations on the behaviours and liability... Read more: (Part1) Litigation manual for intellectual property cases involving an E-commerce platform (Part 1)
Filing Basis-Statement of Use in Hong Kong
In Hong Kong, a trademark can be registered if it is already in use or if there is an intention to use the trademark in commerce in Hong Kong. However, if a registered trademark is not used for a continuous period of more than 3 years, if may be revoked on the grounds of non-use. In other words, actual use of trademark in Hong Kong prior to the filing date of trademark application is not a prerequisite filing requirement in... Read more: Filing Basis-Statement of Use in Hong Kong
Nature of Adverse Possession Claim
Many people perceive that adverse possession claim is merely a registration procedure for the Land Registry (commonly known as “填土廳”). Also, there are many people think that in terms of private land, as long as the land has been occupied over 12 years, the occupier can simply apply for adverse possession and obtain the ownership of the land according to the procedure, which means, the land will be transferred to the occupier’s name. Adverse possession is a formal lawsuit, it... Read more: Nature of Adverse Possession Claim
Brief introduction of GUI design patent protection
There are two kinds of views in relation to the object of the GUI design patent protection. One view says that the object of the GUI design patent protection shall be a product with a GUI design, and the other view says that the object of the GUI design patent protection shall be is the GUI design itself. Since the GUI design patent is one kind of the design patents, the GUI design patent must comply with the general provisions... Read more: Brief introduction of GUI design patent protection
Records of the Customs’ protection of intellectual property right and case handling procedures
Recordation of the Customs’ protection of intellectual property right is established under the system of Customs’ protection of intellectual property right in the “Regulations of the People’s Republic of China on the Customs Protection of Intellectual Property”. Whether it is a trademark right, or a patent right or a copyright, the right holder can apply to the General Administration of China Customs for record for his intellectual property rights. The existing system of Customs’ protection of intellectual property right in... Read more: Records of the Customs’ protection of intellectual property right and case handling procedures
Possibility of Having Adverse Possession
In Hong Kong, especially in New Territories, many lands have been abandoned. The reasons for that are the lands are remote and the economic utility is low. After the death of the owners of the previous generation, the descendants may not know the existence of the land. Most of the land is occupied by villagers nearby, such as farming or handling scrap vehicles. In many cases, after a long period of occupation, the court will order the occupier... Read more: Possibility of Having Adverse Possession
The Burden of Proof of Adverse Possession
A claim of adverse possession can be very severe as it requires the court to transfer the ownership of the land from the original registered owner to the occupier after a long period of occupation. Since the claim will cause the loss of land ownership, the court will treat the claim in a serious manner. Despite the original owner shows no response or objection, the court requires a very high burden of proof to decide the subject matter. ... Read more: The Burden of Proof of Adverse Possession
Implications of Combination Technique in Invalidity of Design Patent
The second paragraph of Article 23 of the Patent Law of the People’s Republic of China stipulates: ” Any design for which patent right may be granted must not be identical with and simi1ar to any design which, before the date of filing, has been publicly disclosed in publications in the country or abroad or has been publicly used in the country, and must not be in conflict with any prior right of any other person.” However, the question whether... Read more: Implications of Combination Technique in Invalidity of Design Patent
Certificate of Trademark Registration
A registered trademark refers to the exclusive right to use a trademark relative to the registered goods and services. Trademark Certificates provide preliminary proof of ownership. Others who use registered trademarks of others in business or commerce may be liable for trademark infringement. Legal action can be taken against them. A Hong Kong trademark registration certificate is issued to each registered trademark upon granting the registration. While an official duplication of the trademark certificate is not available for whatever reason,... Read more: Certificate of Trademark Registration
Amendment of Trademark applications and Registrations in Hong Kong2
Amendment of Trademark applications Soon after submitting an application for trademark registration, the representation of the trademark and its particular information are entered into the official database and can be searched online. It is crucial for the applicant to accurately list out what are applying for in the application form so that the data can then be accurately entered into the database. Amendments are only allowed in very limited circumstances. The idea is that, from the date when the application... Read more: Amendment of Trademark applications and Registrations in Hong Kong2
